In re Rollins
In re Rollins
Opinion of the Court
ORDER
The court previously held, 63 B.R. 780, that the debtor could not use Bankruptcy
As the court explained in its earlier opinion, the $6,000 is not equity simply because it was in excess of the particular debt secured by the destroyed property. The $6,000 also secured the debtor’s other debts to the Bank. In this situation, it could be equity only if the remaining debts totaled less than the value of the remaining collateral, which would include the $6,000. The trustee’s post-trial brief included an affidavit of a bank officer, which convincingly shows that the remaining collateral, including the $6,000, was worth less than the debts owed to the Bank when the debt- or filed his bankruptcy petition. Thus, none of the $6,000 was equity that could be exempted without avoiding the Bank’s lien.
Accordingly, the court concludes that the debtor was not entitled to exempt any of the $6,000, and the $3,000 recovered from the Bank by the trustee shall remain property of the bankruptcy estate free of any claim of exemption by the debtor.
It is so ordered.
Reference
- Full Case Name
- In re Robert Riley ROLLINS, Debtor
- Status
- Published